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(영문) 전주지방법원 남원지원 2016.09.27 2016고단113
장애인복지법위반
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

The Defendant was working as rehabilitation teachers in the “D”, a residential facility for persons with severe disabilities in South Won-si, on February 19, 2016, while serving as rehabilitation teachers in the above D 2nd floor around February 19, 2016, on the ground that the victim E (16 years old) who is a disabled person of Grade 1 of the intellectual disability residing in the above D 2nd floor in the above D 2nd floor, was seated in this sofarcing three times the left head of the victim’s left side at that time, and the same year thereafter.

3. From the 13th day to the 17th day, the body of a disabled person residing in the above facility was assaulted on the basis of the list of annexed crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the Acts and subordinate statutes to a criminal investigation report (F descendants and shooting photographs attached), investigation report (to attachCCTV images CDs and output of criminal facts);

1. Article 86 (3) 2 of the Act on the Welfare of Persons with Disabilities and subparagraph 2 of Article 59-7 of the Act on the Welfare of Persons with Disabilities, for the purpose of criminal facts and the selection of punishment (or choice of imprisonment);

1. In the case of partial assault, the method and contents of the crime are inadequate, such as: (a) the first sentence of Article 37, Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes, a life rehabilitation teacher, who is obligated to protect the disabled admitted to the facilities for the reasons of sentencing, has repeatedly assaulted the victims; (b) the frequency of assault reaches 27 times; (c) most victims are disabled persons who cannot express their intent properly; and (d) the victims are in need of protection because of a serious number of persons with disabilities; (b) the victims, in the case of partial assault, have continued to stop their actions to restrain the victims; and (c) some victims are still willing to be punished by the defendants, it is difficult to escape from sentence because of high possibility of criticism.

However, the Defendant appears to be against the Defendant, and the 12 victims agreed with 7 victims (the her mother submitted a written application to appeal the Defendant’s wife). However, the Defendant deposited money for 2 persons.

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